Copy of Jimmy Diaz letter to Committee on Water & Land
<testimony@capitol.hawaii.gov>
COMMITTEE ON WATER AND LAND
DATE: Friday, February 15, 2008
TIME: 2:45 p.m.

To Whom it may concern,

On behalf of the Professional Windsurfers Association, I would like to say
we oppose the passage of this bill.

This bill would greatly affect in a negative way a very active windsurfing
industry that has a significant economic impact on the state of Hawaii.
This impact is not only in the form of tourism, but also in the form of
businesses that have established Hawaii as a focal point of research and
development, training, retail, rental, and image capturing for the sport of
windsurfing. All of these businesses help perpetuate Hawaii as a tourist
destination to millions worldwide.

On behalf of the members of the Professional Windsurfers Association, I ask
you to vote against this bill.

I am a resident of the state of Hawaii, writing to voice concern over SB 2091, Relating to Sailboards.

Passage of the bill as presented would mean elimination of sailboarding from virtually all Hawaiian waters where it is currently practiced, with grave consequences to individual freedom and to economic vitality.

Sailboarding and kitesurfing are practiced at a select number of suitable locations, for example, Kanaha Beach Park, in Maui County, and Ho'okipa Beach Park, also in Maui County. These locations present appropriate conditions of wind, waves, and access, that permit the safe and proper practice of these sports.

The majority of sailboarding activity in Hawaii takes place within a very concentrated area of just a few hundred feet, at just a few select locations like the ones mentioned. There are no other alternate areas available which present the proper conditions for practice of the sport.

In these locations, voluntary self-regulation and County Statutes are already in force to ensure that the waters are shared in a safe and harmonious way with other recreational users.

Passage of the bill would mean that the presence of just a single swimmer or surfer within 200 feet of these areas would require cessation of all windsurfing activity. This makes the proposed law unfairly restrictive and discriminatory.

As an added downfall, the law would have significant economic consequences, especially in Maui County, where windsurfing tourism and the windsurfing manufacturing and retail industries account for millions of dollars of annual revenue to the State and County. Restriction of windsurfing as per the bill would mean a decline in these revenues.

Please reject this bill, as its consequences are damaging and harmful.

200 feet. That kind of distance from anything is unquestionably huge. Truly, advocating that kind of distance between folks is absolutely ridiculous. If it applied to highways, there couldn't be anyone on the road. What a joke.

I can honestly say that what the State of Hawaii is considering is total nonsense. I'm not willing to consider vacationing in an area so foolish and stupid, no matter how good conditions might be.

I've spent thousands of dollars in the 14 trips that I've taken to Kauai, Maui and Oahu since 1972. If these folks want to cut off my type of tourist business, I'm fully ready to dump them. Why would anybody want to vacation and spent money in spot where they want to harrass you and make you a criminal?

Don't get too complacent about pushing the SEND button on your email folks.

If you've any doubt about this being so unreal that it's bogus,
then just cruise over to the Hawaii State Legislature website http://www.capitol.hawaii.gov/
and assure yourself it's totally (sur) real..

Remember HI time is well behind most of the world,
so Friday 2.45PM deadline is still a good few hours away.

Can't say I'd desire being smacked in the face by a 14 lb waveboard,
but come to think of it it's probably less damaging than being smacked
between the eyes by a wave driven runaway 14' (114lb) super tanker..
(swum around Waikiki or D-Head lately ??)

Then there's the issue of State liability :

(imagine) "3 Windsurfers drown and 24 more were injured today at Ho'okipa Beach park in Maui County.
Witnesses report that all windsurfers were sailing safely until a lone surfer entered and remained in the water near the traditional windsurfer launch zone. With State legislation banning windsurfers from coming with 200Ft of swimmers or surfers, most windsurfers were forced to wait outside in mast high waves as the wind faded away, resulting in serious and now fatal injury as many were smashed onto the rocky shoreline as they were swept downwind, unable to safely or legally return to their original launch. Those who failed to comply with SB2091 and came ashore breaching the swimmer/surfer exclusion zone saved themselves and equipment from certain damage or destruction, but were immediately apprehended by Maui County Police, who seized equipment and cited the sailors, while assuring onlookers that they were not there to discuss the rules, only enforce them."

Clearly a case that PWA and PKWA should join forces along with industry (boards, sails, magazines, etc) but also turism, restaurants, shops, etc. and talk to local government .... What is the position of our legends? They need to act too.